OPRA Request - New Jersey

OPEN PUBLIC RECORDS ACT (OPRA) REQUEST

New Jersey Open Public Records Act

N.J.S.A. 47:1A-1 et seq. (as amended by P.L. 2024, c.16)

1. REQUEST HEADER

OPEN PUBLIC RECORDS ACT REQUEST

Date of Request: [__/__/____]

TO (Records Custodian):

Name of Custodian of Records: [________________________________]
Public Agency Name: [________________________________]
Department/Division (if applicable): [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
OPRA Portal URL (if applicable): [________________________________]

FROM (Requester):

Full Name: [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Re: OPRA Request — [________________________________]
(Brief Subject Description)

2. REQUESTER IDENTIFICATION AND PURPOSE DECLARATION

Under the 2024 amendments (P.L. 2024, c.16), the Requester provides the following information:

Identity

☐ The Requester is an identifiable individual and provides the above name and contact information.
☐ The Requester is an anonymous requestor. (Note: Under the 2024 amendments, anonymous requests may require a 100% deposit of estimated fees.)

Commercial Purpose Declaration

☐ This request is NOT for a commercial purpose.
☐ This request IS for a commercial purpose. (The agency may have up to 14 business days to respond to commercial-purpose requests under the 2024 amendments.)

A "commercial purpose" means the use of any government record obtained under OPRA for sale, resale, solicitation, rent, or any use by which the requester expects to generate revenue.

3. LEGAL BASIS FOR REQUEST

This request is made pursuant to the New Jersey Open Public Records Act ("OPRA"), N.J.S.A. 47:1A-1 et seq., as amended by P.L. 2024, c.16. The Requester seeks access to government records as that term is defined in N.J.S.A. 47:1A-1.1.

Under OPRA, a "government record" means any record made, maintained, kept on file, or received in the course of official business by any officer, commission, agency, or authority of the State or of any political subdivision thereof, including subordinate boards, or that has been received in the course of official business by any official of such entities. The term includes:

• Documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, and microfilms;
• Data processed or image-processed documents;
• Information stored or maintained electronically; and
• All related metadata (except that the 2024 amendments limit metadata production to author, editor, and time of change).

The Requester also preserves the common law right of access to government records, which exists independently of OPRA and is governed by a balancing test weighing the requester's interest against the agency's interest in confidentiality. See Libertarian Party of Central NJ v. Murphy; Brennan v. Bergen County Prosecutor's Office (2024).

4. RECORDS REQUESTED

The Requester hereby requests that the Records Custodian conduct a reasonable search and produce the following specific, identifiable government records:

Item 1

[________________________________]
(Describe the record with specificity: document type, title, date or date range, author, subject matter, case number, contract number, or other identifying details.)

Item 2

[________________________________]

Item 3

[________________________________]

Item 4

[________________________________]

Additional Items (if needed)

[________________________________]

Scope Limitations

• Date Range: Records dated or created from [__/__/____] through [__/__/____].
• Department/Division: Records held by or within: [________________________________].
• Subject Matter / Keywords: [________________________________].

Note on Specificity: OPRA requires that requests identify specific, identifiable government records. Unlike the federal FOIA, OPRA does not require agencies to conduct open-ended searches. The Requester should identify records by type, title, date, author, or other identifying criteria. Blanket requests for "all records relating to" a broad subject may be denied. See MAG Entertainment, LLC v. Div. of ABC, 375 N.J. Super. 534 (App. Div. 2005).

5. PREFERRED FORMAT OF PRODUCTION

Pursuant to N.J.S.A. 47:1A-5, the Requester specifies the following format preferences:

☐ Electronic copies via email to: [________________________________]
☐ Electronic copies on physical media (CD/DVD/USB)
☐ Paper photocopies (standard letter size)
☐ Inspection at agency offices during regular business hours
☐ Copies in medium in which records are maintained (native electronic format)
☐ Other: [________________________________]

Under N.J.S.A. 47:1A-5(d), a custodian shall provide a copy of the record in the medium requested if the agency maintains the record in that medium. If a record is not maintained in the medium requested, the custodian shall convert it to the requested medium or provide a copy in some other meaningful medium.

6. IMMEDIATE ACCESS RECORDS

Under N.J.S.A. 47:1A-5(e), the following types of records must ordinarily be provided immediately upon request:

☐ Budgets
☐ Bills
☐ Vouchers
☐ Contracts (including collective bargaining agreements and individual employment contracts)
☐ Government employee salary and overtime information
☐ Professional/consulting service contracts
☐ Public employee pension benefit records
☐ Minutes of public meetings (after approval)

If this request includes any of the above categories, the Requester requests immediate access.

7. FEE SCHEDULE AND COST LIMITATIONS

Statutory Fee Schedule (N.J.S.A. 47:1A-5)

2024 Amendment Fee Changes

Under the 2024 amendments (P.L. 2024, c.16):

• Requests with estimated fees exceeding $25.00 require a deposit of at least 50% of the estimated cost before the agency begins fulfilling the request.
• Anonymous requests require a deposit of 100% of estimated fees.
• Special service charges for commercial-purpose requests may be assessed at enhanced rates as determined by the agency. Agencies receive a presumption of reasonableness when disputing special service charges.

Requester's Fee Authorization

☐ The Requester agrees to pay all applicable fees under N.J.S.A. 47:1A-5.
☐ The Requester agrees to pay fees up to $[____]. If estimated costs exceed this amount, please provide an itemized written estimate before proceeding.
☐ The Requester requests a fee waiver or reduction based on: [________________________________].

8. RESPONSE TIME REQUIREMENTS

Standard Response — 7 Business Days

Under N.J.S.A. 47:1A-5(i), the Records Custodian must respond as soon as possible but no later than seven (7) business days after receipt of a complete request. Day 1 is the business day following the custodian's receipt of the request.

The custodian's response must grant access, deny access in writing with specific reasons, or request an extension of time.

Extended Response Periods (2024 Amendments)

Under the 2024 amendments:

Deemed Denial

If the custodian fails to respond within the applicable period, the request is deemed denied, and the requester may file a complaint with the Government Records Council or seek judicial review.

9. EXEMPTIONS FROM DISCLOSURE

Statutory Exemptions (N.J.S.A. 47:1A-1.1 and 47:1A-6)

OPRA exempts from disclosure records that are:

1. Inter-agency or intra-agency advisory, consultative, or deliberative material (ACD material / deliberative process privilege);
2. Trade secrets and proprietary commercial or financial information obtained from a person or business;
3. Criminal investigatory records that are not required by law to be made available;
4. Victims' records that could endanger safety if disclosed;
5. Personnel records (except for name, title, position, salary, payroll record, length of service, date of separation, reason for separation, and amount/type of pension);
6. Medical and psychological records of individuals;
7. Student records under FERPA;
8. Attorney-client privileged communications and attorney work product;
9. Records of minors involved in juvenile proceedings;
10. Emergency/9-1-1 recordings (with specific limitations);

2024 Amendment — New Exemptions

The 2024 amendments added the following exemptions:

11. Security camera footage, unless related to a specific, identified incident with a known date and time;
12. Identical duplicate requests where no new information has been generated since the prior request was fulfilled;
13. Most metadata behind a document, limited to author, editor, and time of change;
14. Expanded personal identifying information: social security numbers, credit card numbers, debit card numbers, bank account information, month and date of birth, personal email addresses required for government applications, telephone numbers, and driver's license numbers;
15. Animal permit holder information and emergency assistance lists containing personal information;

Agency Obligations Upon Denial

If the Custodian denies access to any record or portion thereof, the denial must:

1. Be in writing;
2. State the specific basis for the denial, citing the applicable statutory exemption or other legal authority;
3. Be signed by the custodian or designee; and
4. Inform the requester of the right to file a complaint with the GRC or seek judicial review.

10. APPEAL AND ENFORCEMENT RIGHTS

Option 1 — Complaint to the Government Records Council (GRC)

If this request is denied or deemed denied, the Requester may file a written Denial of Access Complaint with the Government Records Council ("GRC").

Government Records Council
Department of Community Affairs
101 South Broad Street
P.O. Box 801
Trenton, NJ 08625-0801
Telephone: (609) 292-6830 / (866) 850-0511
Website: https://www.nj.gov/grc

GRC Complaint Procedures:

• Complaints are filed using the GRC's official Denial of Access Complaint form.
• Under the 2024 amendments, complaints must be filed within 45 days of the denial or deemed denial.
• There is no filing fee for GRC complaints.
• The GRC will investigate and may mediate, conduct a hearing, or issue a written decision.
• The GRC may order disclosure, assess penalties, and award attorney fees.

Option 2 — Judicial Review in Superior Court

Alternatively, the Requester may file an action in the Superior Court of New Jersey in the county where the agency is located or where the records are held, seeking an order compelling disclosure.

Option 3 — Common Law Right of Access

Independently of OPRA, the Requester may assert the common law right of access to government records. Under the common law standard, the court applies a balancing test weighing the requester's interest in access against the government's interest in non-disclosure. See Brennan v. Bergen County Prosecutor's Office (2024); Keddie v. Rutgers, 148 N.J. 36 (1997).

Attorney Fees and Penalties

Under N.J.S.A. 47:1A-6 and the 2024 amendments:

• Attorney fees are guaranteed only if the agency unreasonably denied access, acted in bad faith, or knowingly and willfully violated OPRA.
• If records are furnished within seven (7) days of service of the lawsuit, fees may apply only if the agency "knew or should have known" of the violation.
• Courts retain discretionary authority to award fees in all other circumstances.
• A custodian who knowingly and willfully violates OPRA is subject to a civil penalty of $1,000 for the first offense, $2,500 for the second offense, and $5,000 for each subsequent offense. See N.J.S.A. 47:1A-11.

11. VERIFICATION AND SIGNATURE

I certify that the information provided in this request is accurate and complete to the best of my knowledge. I understand that OPRA requires specificity in identifying government records and that overly broad requests may be denied.

[________________________________]
Printed Name of Requester

[________________________________]
Signature of Requester

Date: [__/__/____]

12. CERTIFICATE OF DELIVERY

I certify that this OPRA Request was transmitted to the above-identified Records Custodian on [__/__/____] via:

☐ Government Records Request Form (official agency OPRA form)
☐ Agency Online OPRA Portal
☐ U.S. Mail (First Class)
☐ Certified Mail, Return Receipt Requested — Tracking No.: [________________________________]
☐ Hand Delivery
☐ Email to: [________________________________]
☐ Fax to: [________________________________]
☐ Other: [________________________________]

[________________________________]
Signature

Date: [__/__/____]

PRACTICE TIPS FOR NEW JERSEY OPRA REQUESTS

Drafting the Request

1. Use the official form when possible. Under the 2024 amendments, custodians have discretion to deny requests that do not use the GRC's uniform request form or that contain substantially more information than required. Using the agency's adopted OPRA request form reduces the risk of procedural denial.

2. Identify specific, identifiable records. Unlike the federal FOIA, OPRA does not impose a duty on agencies to conduct broad searches. Requests must identify records by type, title, date, or other specific criteria. See MAG Entertainment, LLC v. Div. of ABC, 375 N.J. Super. 534 (App. Div. 2005).

3. Request immediate-access records separately. Budgets, contracts, salary information, and other records listed in N.J.S.A. 47:1A-5(e) must be provided immediately. Submit a separate request for these records to avoid delay.

4. Preserve the common law right of access. Always include language preserving the common law right of access, which provides an independent basis for disclosure that is not subject to OPRA's specific exemptions.

Navigating the 2024 Amendments

5. Commercial purpose declarations. The 2024 amendments require requestors to declare whether the request is for a commercial purpose. Commercial-purpose requests receive extended response times (14 business days). Be accurate in this declaration.

6. New 45-day appeal deadline. The 2024 amendments impose a 45-day deadline for filing GRC complaints. Track the date of denial or deemed denial carefully.

7. Deposit requirements. If estimated fees exceed $25, the agency may require a 50% deposit. Anonymous requestors must pay 100% of estimated fees in advance.

8. Metadata limitations. The 2024 amendments limit metadata production to the document's author, editor, and time of change. If additional metadata is needed, consider asserting the common law right of access.

Strategic Considerations

9. Parallel GRC and court filings. A requester may file both a GRC complaint and a court action, but the court action generally stays the GRC proceeding. Consider costs and timing when choosing the forum.

10. Prevailing party fees. Under the 2024 amendments, attorney fees are no longer automatic for prevailing requestors. Fees are guaranteed only where the agency unreasonably denied access, acted in bad faith, or knowingly violated OPRA. Document evidence of bad faith or willfulness.

11. Agency website records. The 2024 amendments require agencies to post records online "to the extent feasible." Check the agency's website before filing a request — the record may already be publicly available.

12. Fee challenges. If a special service charge appears unreasonable, challenge it through the GRC. The agency receives a presumption of reasonableness, but the GRC can override excessive charges.

SOURCES AND REFERENCES

• Open Public Records Act: N.J.S.A. 47:1A-1 et seq.
• 2024 OPRA Amendments: P.L. 2024, c.16 (eff. Sept. 3, 2024)
• Government Records Council: https://www.nj.gov/grc
• GRC Citizen's Guide to OPRA (Fifth Edition, October 2024)
• GRC Model OPRA Request Form: https://www.nj.gov/grc
• NJ Foundation for Open Government: https://njfog.org

This template is designed for use by attorneys and pro se requesters seeking government records from New Jersey public agencies under OPRA. The 2024 amendments significantly changed fee structures, response deadlines, exemptions, and attorney fee recovery. Verify current procedures with the Government Records Council before submission.